79R5749 MFC-D

By:  West, Royce                                                  S.B. No. 769



A BILL TO BE ENTITLED

AN ACT

relating to allowing a person who successfully completes a term of 
deferred adjudication community supervision to be eligible for a 
pardon.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 48.01, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 48.01.  GOVERNOR MAY PARDON.  In all criminal cases, 
except treason and impeachment, the Governor shall have power, 
after conviction or successful completion of a term of deferred 
adjudication community supervision, on the written signed 
recommendation and advice of the Board of Pardons and Paroles, or a 
majority thereof, to grant reprieves and commutations of 
punishments and pardons; and upon the written recommendation and 
advice of a majority of the Board of Pardons and Paroles, he shall 
have the power to remit fines and forfeitures.  The Governor shall 
have the power to grant one reprieve in any capital case for a 
period not to exceed 30 days; and he shall have power to revoke 
conditional pardons.  With the advice and consent of the 
Legislature, the Governor may grant reprieves, commutations of 
punishment and pardons in cases of treason.
	SECTION 2.  This Act takes effect September 1, 2005, but only 
if the constitutional amendment proposed by the 79th Legislature, 
Regular Session, 2005, authorizing the governor to grant a pardon 
to a person who successfully completes a term of deferred 
adjudication community supervision, is approved by the voters.  If 
that amendment is not approved by the voters, this Act has no 
effect.